“The 2021 amendments to the Divorce Act and the Children’s Law Reform Act introduced new provisions for parenting plans. The goal of a modern parenting plan is to craft a child centred schedule, an approach that has been extensively researched and advanced within the AFCC Parenting Guidelines. In the past, the use of a detailed parenting schedule was generally limited to the most difficult parenting relationships: those in which multidirectional Orders were necessary to remove as much discretion – and therefore potential conflict – as possible. The modern approach to parenting plans is to move beyond the baseline of conflict reduction and as much as practical, to map out the best childhood possible for children growing up in two (or more) homes.
The AFCC Parenting Guidelines were prepared by the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-Ontario) to assist parents and their professional advisors in specifically developing the best, child-focused, and realistic parenting plans. As set out in its preamble,
This Guide combines knowledge gained from developmental research on the impact of parental separation and divorce on children, with practical insights about the needs of children with parents living apart. This Guide is intended to be used in conjunction with the AFCC-Ontario Parenting Plan Template, which offers suggestions for specific clauses that can be used or adapted for a parenting plan.
I agree with Justice Chappel in McBennett v. Davis 2021 ONSC 3610 when she states in paragraph [92] that:
“The AFCCO-O Guide summarizes basic social science knowledge about the effects of parental separation on children, provides suggestions and guidance to help improve communications and cooperation between separated parents and offers valuable guidance about formulating parenting arrangements that meet the needs of children.”
And as further stated by Justice Kraft in H. v. A., 2022 ONSC 1560:
The parenting plan guide produced by the Association of Family and Conciliation Courts – Ontario (“AFCC-O”) has been found by many courts to be of great assistance in determining parenting schedules that are in a child’s best interests, depending on the age of the child and his/her developmental stage. While not binding on the courts, the Guide provides a great deal of helpful information and reflects a professional consensus in Ontario about the significant of current child development research for post-separation.
There are two suggestions within the AFCC Parenting Guidelines for young children that I find to be useful within this decision: that transitions occur at a neutral location such as a daycare or school (to which the parents have already agreed), and that the number of transitions for a child be minimized while ensuring that she is able to spend as much time with each parent as is in her best interests.
Transitions are stressful for children. There is a change in expectations and relationships every time that a child moves from one home to another. There are few, if any constant objects. Some of the child’s belongings or a favourite activity or a pet will be left behind. Each transition requires an adjustment, the length and quality of which will depend on the child’s individual temperament, the stability of the pattern of care and the demonstrated empathy of her parents. Should the parenting schedule be uneven, or not allow enough time for adjustment before the next transition, a child may never truly settle in either home, or perhaps, even be fully present.”